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Orissa High CourtBLAPL/10449/2022allowed

Shukru Bishi v. State Of Odisha

2022-11-15Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10449 of 2022 Shukru Bishi ....

Petitioner Mr. J.K. Panda, Advocate -versusState of Odisha ....

Opposite Party Mr. P.K. Maharaj, ASC CORAM: JUSTICE V. NARASINGH

ORDER

15.11.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner and learned counsel for the State.

3.

The petitioner is an accused in connection with C.T. Case No.276 of 2022, pending in the Court of the learned S.D.J.M., Boudh, arising out of Baunsuni P.S. Case No.76 of 2022, for alleged commission of offences under Sections 417/493/506 of the IPC.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional District & Sessions Judge, Boudh, by order dated 19.10.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the order of rejection.

6.

Taking into account the nature of allegation and that the petitioner is in custody since 28.08.2022 and the punishment

prescribed, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter. 7.

While releasing the petitioner on bail, the learned Court below shall verify assertion regarding to the criminal antecedent of similar nature of the petitioner. If it comes to the fore that the petitioner has any criminal antecedent, this order shall stand recalled without any further reference to this Court. 8.

Accordingly, the BLAPL stands disposed of.

9.

Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Judge Ayesha